# Official Journal L 213/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.213.eng |
| --- | --- |
| Official Journal
  of the European Union | L 213 |
| | |
| English edition | Legislation | Volume 568 August 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.213.eng

Official Journal

of the European Union

L 213

English edition

Legislation

Volume 568 August 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) No 759/2013 of 30 April 2013 amending Regulation (EC) No 809/2004 as regards the disclosure requirements for convertible and exchangeable debt securities (
  1
  ) | 1 |
| | * | Commission Regulation (EU) No 760/2013 of 6 August 2013 establishing a prohibition of fishing for bluefin tuna in Atlantic Ocean, east of 45° W, and Mediterranean by vessels and traps flying the flag of or registered in Portugal | 10 |
| | * | Commission Regulation (EU) No 761/2013 of 6 August 2013 establishing a prohibition of fishing for sandeel and associated by-catches in EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3, 4 and 6, excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula, by vessels flying the flag of United Kingdom | 12 |
| | * | Commission Implementing Regulation (EU) No 762/2013 of 7 August 2013 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram (
  1
  ) | 14 |
| | * | Commission Implementing Regulation (EU) No 763/2013 of 7 August 2013 amending Regulation (EC) No 637/2009 as regards the classification of certain plant species for the purposes of assessing the suitability of the denominations of varieties (
  1
  ) | 16 |
| | | Commission Implementing Regulation (EU) No 764/2013 of 7 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 18 |
| | | DIRECTIVES |
| | * | Commission Implementing Directive 2013/45/EU of 7 August 2013 amending Council Directives 2002/55/EC and 2008/72/EC and Commission Directive 2009/145/EC as regards the botanical name of tomato (
  1
  ) | 20 |
| | | DECISIONS |
| | | 2013/427/EU |
| | * | Commission Implementing Decision of 2 August 2013 concerning a financial contribution by the Union to the emergency vaccination plan against classical swine fever in Latvia and Belarus and for the implementation of surveillance measures in Latvia, Lithuania and Belarus in the context of the emergency measures taken to combat this disease
  (notified under document C(2013) 4980) | 22 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) No 759/2013 of 30 April 2013 amending Regulation (EC) No 809/2004 as regards the disclosure requirements for convertible and exchangeable debt securities (
  1
  )

1

1

*

Commission Regulation (EU) No 760/2013 of 6 August 2013 establishing a prohibition of fishing for bluefin tuna in Atlantic Ocean, east of 45° W, and Mediterranean by vessels and traps flying the flag of or registered in Portugal

10

*

Commission Regulation (EU) No 761/2013 of 6 August 2013 establishing a prohibition of fishing for sandeel and associated by-catches in EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3, 4 and 6, excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula, by vessels flying the flag of United Kingdom

12

*

Commission Implementing Regulation (EU) No 762/2013 of 7 August 2013 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram (
  1
  )

1

14

*

Commission Implementing Regulation (EU) No 763/2013 of 7 August 2013 amending Regulation (EC) No 637/2009 as regards the classification of certain plant species for the purposes of assessing the suitability of the denominations of varieties (
  1
  )

1

16

Commission Implementing Regulation (EU) No 764/2013 of 7 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

DIRECTIVES

*

Commission Implementing Directive 2013/45/EU of 7 August 2013 amending Council Directives 2002/55/EC and 2008/72/EC and Commission Directive 2009/145/EC as regards the botanical name of tomato (
  1
  )

1

20

DECISIONS

2013/427/EU

*

Commission Implementing Decision of 2 August 2013 concerning a financial contribution by the Union to the emergency vaccination plan against classical swine fever in Latvia and Belarus and for the implementation of surveillance measures in Latvia, Lithuania and Belarus in the context of the emergency measures taken to combat this disease
  (notified under document C(2013) 4980)

(notified under document C(2013) 4980)

22

| | | |
| --- | --- | --- |
| | * | Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover) | s3 |
| | * | Note to readers — way of referring to acts(see page 3 of the cover) | s3 |

*

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover)

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

s3

*

Note to readers — way of referring to acts(see page 3 of the cover)

Note to readers — way of referring to acts

s3

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 8.8.2013 | EN | Official Journal of the European Union | L 213/1 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/1

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COMMISSION DELEGATED REGULATION (EU) No 759/2013

of 30 April 2013

amending Regulation (EC) No 809/2004 as regards the disclosure requirements for convertible and exchangeable debt securities

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (1), and in particular Article 7(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements (2) sets out the minimum information to be included in a prospectus for different kinds of securities in order to comply with Article 7(1) of Directive 2003/71/EC. |
| --- | --- |

(1)

Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements (2) sets out the minimum information to be included in a prospectus for different kinds of securities in order to comply with Article 7(1) of Directive 2003/71/EC.

| (2) | The share registration document schedule should be applicable to shares and other transferable securities equivalent to shares but also to other securities giving access to the capital of the issuer by way of conversion or exchange where the underlying shares are not already admitted to trading on a regulated market. |
| --- | --- |

(2)

The share registration document schedule should be applicable to shares and other transferable securities equivalent to shares but also to other securities giving access to the capital of the issuer by way of conversion or exchange where the underlying shares are not already admitted to trading on a regulated market.

| (3) | Where the issuer of the underlying shares belongs to the same group as the issuer of the convertible or exchangeable debt securities but the underlying shares are not admitted to trading on a regulated market, information on the issuer is not easily available to investors. Therefore, the share registration schedule should be applicable to those underlying shares and should be added to the combinations used for drawing up the prospectus. |
| --- | --- |

(3)

Where the issuer of the underlying shares belongs to the same group as the issuer of the convertible or exchangeable debt securities but the underlying shares are not admitted to trading on a regulated market, information on the issuer is not easily available to investors. Therefore, the share registration schedule should be applicable to those underlying shares and should be added to the combinations used for drawing up the prospectus.

| (4) | Where securities with warrants or derivative securities give the right to acquire the issuer’s or group’s shares and those shares are not admitted to trading on a regulated market, the relevant information set out in the securities note schedule for derivative securities should be provided to investors. |
| --- | --- |

(4)

Where securities with warrants or derivative securities give the right to acquire the issuer’s or group’s shares and those shares are not admitted to trading on a regulated market, the relevant information set out in the securities note schedule for derivative securities should be provided to investors.

| (5) | Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, information on the underlying shares is already available to shareholders and investors in general. Therefore, it should be clarified that it is sufficient to add a statement setting out the type of the underlying and details of where information on the underlying can be obtained in the combinations used for drawing up the securities note of the prospectus. |
| --- | --- |

(5)

Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, information on the underlying shares is already available to shareholders and investors in general. Therefore, it should be clarified that it is sufficient to add a statement setting out the type of the underlying and details of where information on the underlying can be obtained in the combinations used for drawing up the securities note of the prospectus.

| (6) | Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, investors should also be provided with a working capital statement and a statement of capitalisation and indebtedness of the issuer of the underlying shares. Those statements would provide investors in the securities note with the same information on the ability of the issuer of the underlying shares to continue as a going concern and on its indebtedness compared to its capitalisation as would be available when investing in shares directly. |
| --- | --- |

(6)

Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, investors should also be provided with a working capital statement and a statement of capitalisation and indebtedness of the issuer of the underlying shares. Those statements would provide investors in the securities note with the same information on the ability of the issuer of the underlying shares to continue as a going concern and on its indebtedness compared to its capitalisation as would be available when investing in shares directly.

| (7) | Where the underlying shares are issued by a third party and are not admitted to trading on a regulated market the investors do not have easy access to a description of those underlying shares. Therefore, the additional building block describing the underlying share should be added to the combinations used for drawing up the securities note of the prospectus. |
| --- | --- |

(7)

Where the underlying shares are issued by a third party and are not admitted to trading on a regulated market the investors do not have easy access to a description of those underlying shares. Therefore, the additional building block describing the underlying share should be added to the combinations used for drawing up the securities note of the prospectus.

| (8) | For reasons of legal certainty it is necessary to clarify, in the table set out in Annex XVIII to Regulation (EC) No 809/2004, how schedules and building blocks should be combined when drawing up a prospectus, including where only certain information items of schedules and building blocks are required, where certain information items may not be applicable due to specific combinations of schedules and building blocks in particular cases, and where the issuer, offeror or person asking for admission to trading on a regulated market may choose between different schedules and building blocks according to specific thresholds, such as the minimum denomination of debt securities, or conditions set out in Regulation (EC) No 809/2004. |
| --- | --- |

(8)

For reasons of legal certainty it is necessary to clarify, in the table set out in Annex XVIII to Regulation (EC) No 809/2004, how schedules and building blocks should be combined when drawing up a prospectus, including where only certain information items of schedules and building blocks are required, where certain information items may not be applicable due to specific combinations of schedules and building blocks in particular cases, and where the issuer, offeror or person asking for admission to trading on a regulated market may choose between different schedules and building blocks according to specific thresholds, such as the minimum denomination of debt securities, or conditions set out in Regulation (EC) No 809/2004.

| (9) | The term ‘bonds’ should be replaced by the term ‘debt securities’ in order to ensure consistency of terminology within Regulation (EC) No 809/2004. |
| --- | --- |

(9)

The term ‘bonds’ should be replaced by the term ‘debt securities’ in order to ensure consistency of terminology within Regulation (EC) No 809/2004.

| (10) | The application of the pro forma financial information building block set out in Annex II to Regulation (EC) No 809/2004 is conditional upon a significant gross change in the size of the issuer, therefore the words ‘(if applicable)’ should be added to the heading of the column entitled ‘BUILDING BLOCK’ applicable to the registration document in Annex XVIII to that Regulation to reflect the conditional applicability of Annex II to that Regulation. |
| --- | --- |

(10)

The application of the pro forma financial information building block set out in Annex II to Regulation (EC) No 809/2004 is conditional upon a significant gross change in the size of the issuer, therefore the words ‘(if applicable)’ should be added to the heading of the column entitled ‘BUILDING BLOCK’ applicable to the registration document in Annex XVIII to that Regulation to reflect the conditional applicability of Annex II to that Regulation.

| (11) | Convertible or exchangeable debt securities can provide access to issuer’s new shares when the right to subscribe is exercised by their holders. Accordingly, rights issues of convertible or exchangeable debt securities into issuer’s new shares should also be able to benefit from the proportionate disclosure regime set out in Article 26a of Regulation (EC) No 809/2004 provided that the underlying shares are new shares issued by the same entity issuing debt securities. The prospectus for the offer or admission to trading on a regulated market of debt securities convertible or exchangeable into issuer’s shares issued by small and medium sized enterprises and companies with reduced market capitalisation should also benefit from the proportionate disclosure regime set out in Article 26b of Regulation (EC) No 809/2004. Accordingly, the combination of schedules and building blocks applicable to rights issues of debt securities convertible or exchangeable into issuer’s shares or to convertible or exchangeable debt securities issued by small and medium sized enterprises and companies with reduced market capitalisation should be included in Annex XVIII. |
| --- | --- |

(11)

Convertible or exchangeable debt securities can provide access to issuer’s new shares when the right to subscribe is exercised by their holders. Accordingly, rights issues of convertible or exchangeable debt securities into issuer’s new shares should also be able to benefit from the proportionate disclosure regime set out in Article 26a of Regulation (EC) No 809/2004 provided that the underlying shares are new shares issued by the same entity issuing debt securities. The prospectus for the offer or admission to trading on a regulated market of debt securities convertible or exchangeable into issuer’s shares issued by small and medium sized enterprises and companies with reduced market capitalisation should also benefit from the proportionate disclosure regime set out in Article 26b of Regulation (EC) No 809/2004. Accordingly, the combination of schedules and building blocks applicable to rights issues of debt securities convertible or exchangeable into issuer’s shares or to convertible or exchangeable debt securities issued by small and medium sized enterprises and companies with reduced market capitalisation should be included in Annex XVIII.

| (12) | In consideration of the need to provide issuers with a transitional period to adapt to the new requirements introduced by this Regulation, this Regulation should only apply to prospectuses and base prospectuses which have been approved by a competent authority on the date of or after its entry into force. |
| --- | --- |

(12)

In consideration of the need to provide issuers with a transitional period to adapt to the new requirements introduced by this Regulation, this Regulation should only apply to prospectuses and base prospectuses which have been approved by a competent authority on the date of or after its entry into force.

| (13) | Regulation (EC) No 809/2004 should therefore be amended accordingly, |
| --- | --- |

(13)

Regulation (EC) No 809/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 809/2004

Regulation (EC) No 809/2004 is amended as follows:

| (1) | in Article 6, the following paragraph 3 is added:

  ‘3.   Where shares with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’; |
| --- | --- |

(1)

in Article 6, the following paragraph 3 is added:

‘3.   Where shares with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’;

| (2) | in Article 8, the following paragraphs 3, 4 and 5 are added:

  ‘3.   Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, the information required by item 4.2.2 of the schedule set out in Annex XII shall also be given.


  4.   Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the debt security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, information on the issuer of the underlying shares shall also be given in accordance with items 3.1 and 3.2 of the schedule set out in Annex III or, as the case may be, of the proportionate schedule set out in Annex XXIV.


  5.   Where debt securities with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’; |
| --- | --- |

(2)

in Article 8, the following paragraphs 3, 4 and 5 are added:

‘3.   Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, the information required by item 4.2.2 of the schedule set out in Annex XII shall also be given.

4.   Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the debt security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, information on the issuer of the underlying shares shall also be given in accordance with items 3.1 and 3.2 of the schedule set out in Annex III or, as the case may be, of the proportionate schedule set out in Annex XXIV.

5.   Where debt securities with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’;

| (3) | in Article 15, paragraph 2 is replaced by the following:

  ‘2.   The schedule shall apply to securities which are not in the scope of application of the other securities note schedules referred to in Articles 6, 8 and 16, except for the cases mentioned in Article 6(3), Article 8(3) and (5) and Article 16(3) and (5). The schedule shall apply to certain securities where the payment and/or delivery obligations are linked to an underlying.’; |
| --- | --- |

(3)

in Article 15, paragraph 2 is replaced by the following:

‘2.   The schedule shall apply to securities which are not in the scope of application of the other securities note schedules referred to in Articles 6, 8 and 16, except for the cases mentioned in Article 6(3), Article 8(3) and (5) and Article 16(3) and (5). The schedule shall apply to certain securities where the payment and/or delivery obligations are linked to an underlying.’;

| (4) | in Article 16 the following paragraphs 3, 4 and 5 are added:

  ‘3.   Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, the information required by item 4.2.2 of the schedule set out in Annex XII shall also be given.


  4.   Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the debt security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, information on the issuer of the underlying shares shall also be given in accordance with items 3.1 and 3.2 of the schedule set out in Annex III or, as the case may be, of the proportionate schedule set out in Annex XXIV.


  5.   Where debt securities with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’; |
| --- | --- |

(4)

in Article 16 the following paragraphs 3, 4 and 5 are added:

‘3.   Where debt securities are exchangeable or convertible into shares already admitted to trading on a regulated market, the information required by item 4.2.2 of the schedule set out in Annex XII shall also be given.

4.   Where debt securities are convertible or exchangeable into shares which are or will be issued by the issuer of the debt security or by an entity belonging to its group and these underlying shares are not already admitted to trading on a regulated market, information on the issuer of the underlying shares shall also be given in accordance with items 3.1 and 3.2 of the schedule set out in Annex III or, as the case may be, of the proportionate schedule set out in Annex XXIV.

5.   Where debt securities with warrants give the right to acquire the issuer’s shares and these shares are not admitted to trading on a regulated market, the information required by the schedule set out in Annex XII except item 4.2.2 shall also be given.’;

| (5) | in Article 17(2), point 2 is replaced by the following:






  ‘2. | provided that these shares or other transferable securities equivalent to shares are or will be issued by the issuer of the security, by an entity belonging to the group of that issuer or by a third party and are not yet traded on a regulated market or an equivalent market outside the Union at the time of the approval of the prospectus covering the securities, and that the underlying shares or other transferable securities equivalent to shares can be delivered with physical settlement.’; |
| --- | --- | --- |

(5)

in Article 17(2), point 2 is replaced by the following:

‘2.

provided that these shares or other transferable securities equivalent to shares are or will be issued by the issuer of the security, by an entity belonging to the group of that issuer or by a third party and are not yet traded on a regulated market or an equivalent market outside the Union at the time of the approval of the prospectus covering the securities, and that the underlying shares or other transferable securities equivalent to shares can be delivered with physical settlement.’;

| (6) | the title of Annex XIV is replaced by the following:

  ‘
  Additional information building block on the underlying share
  ’; |
| --- | --- |

(6)

the title of Annex XIV is replaced by the following:

‘
  Additional information building block on the underlying share
  ’;

Additional information building block on the underlying share

| (7) | Annex XVIII is replaced by the text in the Annex to this Regulation. |
| --- | --- |

(7)

Annex XVIII is replaced by the text in the Annex to this Regulation.

Article 2

Transitional provision

1.   This Regulation shall not apply to the approval of a supplement to a prospectus or base prospectus where the prospectus or base prospectus was approved before the date referred to in Article 3.

2.   Where in accordance with Article 18 of Directive 2003/71/EC the competent authority of the home Member State notifies the competent authority of the host Member State with a certificate of approval in relation to a prospectus or a base prospectus approved before the date referred to in Article 3, the competent authority of the home Member State shall clearly and explicitly indicate in the certificate that the prospectus or base prospectus was approved before the date referred to in Article 3.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2013.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 345, 31.12.2003, p. 64.

1

(2)  
  OJ L 149, 30.4.2004, p. 1.

2

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ANNEX

‘ANNEX XVIII

PART I

Table of combinations

| No | ANNEX XVIII


  Part I | REGISTRATION DOCUMENT |
| --- | --- | --- |
| SCHEDULES | BUILDING BLOCK | SCHEDULES |
| TYPES OF SECURITIES | Share | Debt and Derivative
  (< EUR 100 000 ) | Debt and Derivative
  (> or = EUR 100 000 ) | Asset Backed Securities | Banks Debt and Derivative | Pro forma Information
  (if applicable) | Collective Investment Undertaking of the closed-end Type | States and their Regional and local Authorities | Public International Bodies/debt Securities guaranteed by a Member State of the OECD |
| 1 | Shares (preference shares, redeemable shares, shares with preferential subscription rights, etc.) | | | | | | | | | |
| 2 | Debt securities (vanilla debt securities, income Debt securities, structured Debt securities, etc.) with a denomination of less than EUR 100 000 | | OR | | | OR | | | | |
| 3 | Debt securities (vanilla Debt securities, income Debt Securities, structured Debt securities, etc.) with a denomination of at least EUR 100 000 | | | OR | | OR | | | | |
| 4 | Debt securities guaranteed by a third party | | OR | OR | | OR | | | | |
| 5 | Derivative securities guaranteed by a third party | | OR | OR | | OR | | | | |
| 6 | Asset backed securities | | | | | | | | | |
| 7 | Debt securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market | | OR | OR | | OR | | | | |
| 8 | Debt securities exchangeable or convertible into third party shares not admitted on a regulated market | Issuer of debt Securities exchangeable or convertible | | OR | OR | | OR | | | | |
| Issuer of (underlying) Shares | | | | | | | | | |
| 9 | Debt securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market | | | | | | | | | |
| 10 | Debt securities exchangeable or convertible into group’s shares not admitted on a regulated market | Issuer of debt securities exchangeable or convertible | | OR | OR | | OR | | | | |
| Issuer of (underlying) shares | | | | | | | | | |
| 11 | Debt securities with warrants to acquire the issuer’s shares not admitted to trading on a regulated market | | | | | | | | | |
| 12 | Shares with warrants to acquire the issuer’s shares not admitted to trading on a regulated market | | | | | | | | | |
| 13 | Derivatives securities giving the right to subscribe or to acquire the issuer’s shares not admitted on a regulated market | | | | | | | | | |
| 14 | Derivatives securities giving the right to acquire group’s shares not admitted on a regulated market | | OR | OR | | OR | | | | |
| 15 | Derivatives securities giving the right to subscribe or to acquire issuer’s or group shares which are admitted on a regulated market and derivatives securities linked to any other underlying than issuer’s or group shares which are not admitted on a regulated market (including any derivatives securities entitling to cash settlement) | | OR | OR | | OR | | | | |

No

ANNEX XVIII

Part I

REGISTRATION DOCUMENT

SCHEDULES

BUILDING BLOCK

SCHEDULES

TYPES OF SECURITIES

Share

Debt and Derivative

(< EUR 100 000 )

Debt and Derivative

(> or = EUR 100 000 )

Asset Backed Securities

Banks Debt and Derivative

Pro forma Information

(if applicable)

Collective Investment Undertaking of the closed-end Type

States and their Regional and local Authorities

Public International Bodies/debt Securities guaranteed by a Member State of the OECD

1

Shares (preference shares, redeemable shares, shares with preferential subscription rights, etc.)

2

Debt securities (vanilla debt securities, income Debt securities, structured Debt securities, etc.) with a denomination of less than EUR 100 000

OR

OR

3

Debt securities (vanilla Debt securities, income Debt Securities, structured Debt securities, etc.) with a denomination of at least EUR 100 000

OR

OR

4

Debt securities guaranteed by a third party

OR

OR

OR

5

Derivative securities guaranteed by a third party

OR

OR

OR

6

Asset backed securities

7

Debt securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market

OR

OR

OR

8

Debt securities exchangeable or convertible into third party shares not admitted on a regulated market

Issuer of debt Securities exchangeable or convertible

OR

OR

OR

Issuer of (underlying) Shares

9

Debt securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market

10

Debt securities exchangeable or convertible into group’s shares not admitted on a regulated market

Issuer of debt securities exchangeable or convertible

OR

OR

OR

Issuer of (underlying) shares

11

Debt securities with warrants to acquire the issuer’s shares not admitted to trading on a regulated market

12

Shares with warrants to acquire the issuer’s shares not admitted to trading on a regulated market

13

Derivatives securities giving the right to subscribe or to acquire the issuer’s shares not admitted on a regulated market

14

Derivatives securities giving the right to acquire group’s shares not admitted on a regulated market

OR

OR

OR

15

Derivatives securities giving the right to subscribe or to acquire issuer’s or group shares which are admitted on a regulated market and derivatives securities linked to any other underlying than issuer’s or group shares which are not admitted on a regulated market (including any derivatives securities entitling to cash settlement)

OR

OR

OR

| No | ANNEX XVIII


  Part I | SECURITIES NOTE |
| --- | --- | --- |
| SCHEDULES | ADDITIONAL BUILDING BLOCKS |
| TYPES OF SECURITIES | Share | Debt
  (< EUR 100 000 ) | Debt
  (> or = EUR 100 000 ) | Derivatives securities | Guarantees | Asset backed securities | Underlying share |
| 1 | Shares (preference shares, redeemable shares, shares with preferential subscription rights, etc.) | | | | | | | |
| 2 | Debt Securities (vanilla Debt Securities, income Debt Securities, structured Debt Securities, etc.) with a denomination of less than EUR 100 000 | | | | | | | |
| 3 | Debt Securities (vanilla Debt Securities, income Debt Securities, structured Debt Securities, etc.) with a denomination of at least EUR 100 000 | | | | | | | |
| 4 | Debt Securities guaranteed by a third party | | OR | OR | | | | |
| 5 | Derivative securities guaranteed by a third party | | | | | | | |
| 6 | Asset backed securities | | OR | OR | | | | |
| 7 | Debt Securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market | | OR | OR | AND only item 4.2.2 | | | |
| 8 | Debt Securities exchangeable or convertible into third party shares not admitted on a regulated market | Debt Securities exchangeable or convertible | | OR | OR | | | | |
| (Underlying) Shares | | | | | | | AND except item 2 |
| 9 | Debt Securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market | AND only items 3.1 and 3.2 | OR | OR | | | | |
| 10 | Debt Securities exchangeable or convertible into group’s shares not admitted on a regulated market | Debt Securities exchangeable or convertible | | OR | OR | | | | |
| (Underlying) Shares | AND only items 3.1 and 3.2 | | | | | | |
| 11 | Debt securities with warrants to acquire the issuer’s shares not admitted to trading on a regulated market | | OR | OR | AND except item 4.2.2 | | | |
| 12 | Shares with warrants to acquire the issuer’s shares not admitted to trading on a regulated market | | | | AND except item 4.2.2 | | | |
| 13 | Derivatives securities giving the right to subscribe or to acquire the issuer’s shares not admitted on a regulated market | | | | AND except item 4.2.2 | | | |
| 14 | Derivatives securities giving the right to acquire group’s shares not admitted on a regulated market | | | | AND except item 4.2.2 | | | |
| 15 | Derivatives securities giving the right to subscribe or to acquire issuer’s or group shares which are admitted on a regulated market and derivatives securities linked to any other underlying than issuer’s or group shares which are not admitted on a regulated market (including any derivatives securities entitling to cash settlement) | | | | | | | |

No

ANNEX XVIII

Part I

SECURITIES NOTE

SCHEDULES

ADDITIONAL BUILDING BLOCKS

TYPES OF SECURITIES

Share

Debt

(< EUR 100 000 )

Debt

(> or = EUR 100 000 )

Derivatives securities

Guarantees

Asset backed securities

Underlying share

1

Shares (preference shares, redeemable shares, shares with preferential subscription rights, etc.)

2

Debt Securities (vanilla Debt Securities, income Debt Securities, structured Debt Securities, etc.) with a denomination of less than EUR 100 000

3

Debt Securities (vanilla Debt Securities, income Debt Securities, structured Debt Securities, etc.) with a denomination of at least EUR 100 000

4

Debt Securities guaranteed by a third party

OR

OR

5

Derivative securities guaranteed by a third party

6

Asset backed securities

OR

OR

7

Debt Securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market

OR

OR

AND only item 4.2.2

8

Debt Securities exchangeable or convertible into third party shares not admitted on a regulated market

Debt Securities exchangeable or convertible

OR

OR

(Underlying) Shares

AND except item 2

9

Debt Securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market

AND only items 3.1 and 3.2

OR

OR

10

Debt Securities exchangeable or convertible into group’s shares not admitted on a regulated market

Debt Securities exchangeable or convertible

OR

OR

(Underlying) Shares

AND only items 3.1 and 3.2

11

Debt securities with warrants to acquire the issuer’s shares not admitted to trading on a regulated market

OR

OR

AND except item 4.2.2

12

Shares with warrants to acquire the issuer’s shares not admitted to trading on a regulated market

AND except item 4.2.2

13

Derivatives securities giving the right to subscribe or to acquire the issuer’s shares not admitted on a regulated market

AND except item 4.2.2

14

Derivatives securities giving the right to acquire group’s shares not admitted on a regulated market

AND except item 4.2.2

15

Derivatives securities giving the right to subscribe or to acquire issuer’s or group shares which are admitted on a regulated market and derivatives securities linked to any other underlying than issuer’s or group shares which are not admitted on a regulated market (including any derivatives securities entitling to cash settlement)

PART II

Table of combinations regarding rights issues of debt securities convertible or exchangeable into issuer’s shares and debt securities convertible or exchangeable into issuer’s shares where such rights issues and debt securities are issued by small and medium sized enterprises (“SMEs”) or companies with reduced market capitalisation (“Small Caps”) (proportionate disclosure regime)

However, issuers may choose to draw up the prospectus in accordance with the full disclosure regime.

| No | ANNEX XVIII


  Part II: PDR | REGISTRATION DOCUMENT |
| --- | --- | --- |
| SCHEDULES | BUILDING BLOCK | SCHEDULES |
| TYPES OF SECURITIES | Share | Debt and Derivative
  (< EUR 100 000 ) | Debt and derivative
  (> or = EUR 100 000 ) | Asset backed securities | Banks debt and derivative | Pro forma information
  (if applicable) | Collective investment undertaking of the closed-end type | States and their regional and local authorities | Public international Bodies/debt securities guaranteed by a Member State of the OECD |
| 1 | Rights issues of Debt Securities convertible or exchangeable into issuer’s shares, when the issuer has shares of the same class already admitted on a regulated market or MTF if conditions in Article 26a(2) are fulfilled | | | | | | | | | |
| 2 | SMEs and Small Caps Debt securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market | | OR | OR | | OR | | | | |
| 3 | SMEs and Small Caps Debt Securities exchangeable or convertible into third party shares not admitted on a regulated market | Debt Securities exchangeable or convertible | | OR | OR | | OR | | | | |
| (Underlying) Shares | | | | | | | | | |
| 4 | SMEs and Small Caps Debt Securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market | | | | | | | | | |
| 5 | SMEs and Small Caps Debt Securities exchangeable or convertible into group’s shares not admitted on a regulated market | Debt Securities exchangeable or convertible | | OR | OR | | OR | | | | |
| (Underlying) Shares | | | | | | | | | |

No

ANNEX XVIII

Part II: PDR

REGISTRATION DOCUMENT

SCHEDULES

BUILDING BLOCK

SCHEDULES

TYPES OF SECURITIES

Share

Debt and Derivative

(< EUR 100 000 )

Debt and derivative

(> or = EUR 100 000 )

Asset backed securities

Banks debt and derivative

Pro forma information

(if applicable)

Collective investment undertaking of the closed-end type

States and their regional and local authorities

Public international Bodies/debt securities guaranteed by a Member State of the OECD

1

Rights issues of Debt Securities convertible or exchangeable into issuer’s shares, when the issuer has shares of the same class already admitted on a regulated market or MTF if conditions in Article 26a(2) are fulfilled

2

SMEs and Small Caps Debt securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market

OR

OR

OR

3

SMEs and Small Caps Debt Securities exchangeable or convertible into third party shares not admitted on a regulated market

Debt Securities exchangeable or convertible

OR

OR

OR

(Underlying) Shares

4

SMEs and Small Caps Debt Securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market

5

SMEs and Small Caps Debt Securities exchangeable or convertible into group’s shares not admitted on a regulated market

Debt Securities exchangeable or convertible

OR

OR

OR

(Underlying) Shares

| No | ANNEX XVIII


  Part II: PDR | SECURITIES NOTE |
| --- | --- | --- |
| SCHEDULES | ADDITIONAL BUILDING BLOCKS |
| TYPES OF SECURITIES | Share | Debt
  (< EUR 100 000 ) | Debt
  (> or = EUR 100 000 ) | Derivatives Securities | Guarantees | Asset backed securities | Underlying share |
| 1 | Rights issues of debt securities exchangeable or convertible into issuer’s shares, when the issuer has shares of the same class already admitted on a regulated market or MTF if conditions in Article 26a(2) are fulfilled | AND only items 3.1 and 3.2 | OR | OR | | | | AND except item 2 |
| 2 | SMEs and Small Caps Debt Securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market | | OR | OR | AND only item 4.2.2 | | | |
| 3 | SMEs and Small Caps Debt securities exchangeable or convertible into third party shares not admitted on a regulated market | Debt Securities exchangeable or convertible | | OR | OR | | | | |
| Underlying Shares | | | | | | | AND except item 2 |
| 4 | SMEs and Small Caps Debt securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market | AND only items 3.1 and 3.2 | OR | OR | | | | |
| 5 | SMEs and Small Caps Debt securities exchangeable or convertible into group’s shares not admitted on a regulated market | Debt securities | | OR | OR | | | | |
| (Underlying) Shares | AND only items 3.1 and 3.2’ | | | | | | |

No

ANNEX XVIII

Part II: PDR

SECURITIES NOTE

SCHEDULES

ADDITIONAL BUILDING BLOCKS

TYPES OF SECURITIES

Share

Debt

(< EUR 100 000 )

Debt

(> or = EUR 100 000 )

Derivatives Securities

Guarantees

Asset backed securities

Underlying share

1

Rights issues of debt securities exchangeable or convertible into issuer’s shares, when the issuer has shares of the same class already admitted on a regulated market or MTF if conditions in Article 26a(2) are fulfilled

AND only items 3.1 and 3.2

OR

OR

AND except item 2

2

SMEs and Small Caps Debt Securities exchangeable or convertible into third party shares or issuer’s or group shares which are admitted on a regulated market

OR

OR

AND only item 4.2.2

3

SMEs and Small Caps Debt securities exchangeable or convertible into third party shares not admitted on a regulated market

Debt Securities exchangeable or convertible

OR

OR

Underlying Shares

AND except item 2

4

SMEs and Small Caps Debt securities exchangeable or convertible into the issuer’s shares not admitted on a regulated market

AND only items 3.1 and 3.2

OR

OR

5

SMEs and Small Caps Debt securities exchangeable or convertible into group’s shares not admitted on a regulated market

Debt securities

OR

OR

(Underlying) Shares

AND only items 3.1 and 3.2’

---

| 8.8.2013 | EN | Official Journal of the European Union | L 213/10 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/10

---

COMMISSION REGULATION (EU) No 760/2013

of 6 August 2013

establishing a prohibition of fishing for bluefin tuna in Atlantic Ocean, east of 45° W, and Mediterranean by vessels and traps flying the flag of or registered in Portugal

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013. |
| --- | --- |

(1)

Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels and traps flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels and traps flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.

| (3) | It is therefore necessary to prohibit fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels or traps flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, place in cages for fattening or farming, harvest, transfer, tranship or land fish from that stock caught by those vessels or traps after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 August 2013.

For the Commission, On behalf of the President,

Lowri EVANS

Director-General for Maritime Affairs and Fisheries

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  
  OJ L 23, 25.1.2013, p. 54.

2

---

ANNEX

| No | 16/TQ40 |
| --- | --- |
| Member State | Portugal |
| Stock | BFT/AE45WM |
| Species | Bluefin tuna (Thunnus thynnus) |
| Zone | Atlantic Ocean, east of 45° W, and Mediterranean |
| Date | 4.7.2013 |

No

16/TQ40

Member State

Portugal

Stock

BFT/AE45WM

Species

Bluefin tuna (Thunnus thynnus)

Zone

Atlantic Ocean, east of 45° W, and Mediterranean

Date

4.7.2013

---

| 8.8.2013 | EN | Official Journal of the European Union | L 213/12 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/12

---

COMMISSION REGULATION (EU) No 761/2013

of 6 August 2013

establishing a prohibition of fishing for sandeel and associated by-catches in EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3, 4 and 6, excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula, by vessels flying the flag of United Kingdom

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013. |
| --- | --- |

(1)

Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.

| (3) | It is therefore necessary to prohibit fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 August 2013.

For the Commission, On behalf of the President,

Lowri EVANS

Director-General for Maritime Affairs and Fisheries

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  
  OJ L 23, 25.1.2013, p. 54.

2

---

ANNEX

| No | 17/TQ40 |
| --- | --- |
| Member State | United Kingdom |
| Stock | SAN/2A3A4. and management areas SAN/123_1, _2, _3, _4, _6 |
| Species | Sandeel and associated by-catches (Ammodytes spp.) |
| Zone | EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3, 4 and 6 (Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula) |
| Date | 4.7.2013 |

No

17/TQ40

Member State

United Kingdom

Stock

SAN/2A3A4. and management areas SAN/123_1, _2, _3, _4, _6

Species

Sandeel and associated by-catches (Ammodytes spp.)

Zone

EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3, 4 and 6 (Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula)

Date

4.7.2013

---

| 8.8.2013 | EN | Official Journal of the European Union | L 213/14 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/14

---

COMMISSION IMPLEMENTING REGULATION (EU) No 762/2013

of 7 August 2013

amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,

Whereas:

| (1) | Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009. |
| --- | --- |

(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

| (2) | The approvals of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram will expire between 30 April 2016 and 30 June 2016. Applications have been submitted for the renewal of the approval of these active substances. As the requirements laid down in Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (3) apply to those active substances, it is necessary to allow applicants sufficient time to complete the renewal procedure in accordance with that Regulation. Consequently, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods. |
| --- | --- |

(2)

The approvals of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram will expire between 30 April 2016 and 30 June 2016. Applications have been submitted for the renewal of the approval of these active substances. As the requirements laid down in Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (3) apply to those active substances, it is necessary to allow applicants sufficient time to complete the renewal procedure in accordance with that Regulation. Consequently, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods.

| (3) | Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. |
| --- | --- |

(3)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

| (4) | In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter. |
| --- | --- |

(4)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

| (5) | In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. |
| --- | --- |

(5)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 August 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 309, 24.11.2009, p. 1.

1

(2)  
  OJ L 153, 11.6.2011, p. 1.

2

(3)  
  OJ L 252, 19.9.2012, p. 26.

3

---

ANNEX

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

| (1) | In the sixth column, expiration of approval, of row 107, MCPA, the date ‘30 April 2016’ is replaced by ‘31 October 2017’. |
| --- | --- |

(1)

In the sixth column, expiration of approval, of row 107, MCPA, the date ‘30 April 2016’ is replaced by ‘31 October 2017’.

| (2) | In the sixth column, expiration of approval, of row 108, MCPB, the date ‘30 April 2016’ is replaced by ‘31 October 2017’. |
| --- | --- |

(2)

In the sixth column, expiration of approval, of row 108, MCPB, the date ‘30 April 2016’ is replaced by ‘31 October 2017’.

| (3) | In the sixth column, expiration of approval, of row 111, chlorpyrifos, the date ‘30 June 2016’ is replaced by ‘31 January 2018’. |
| --- | --- |

(3)

In the sixth column, expiration of approval, of row 111, chlorpyrifos, the date ‘30 June 2016’ is replaced by ‘31 January 2018’.

| (4) | In the sixth column, expiration of approval, of row 112, chlorpyrifos-methyl, the date ‘30 June 2016’ is replaced by ‘31 January 2018’. |
| --- | --- |

(4)

In the sixth column, expiration of approval, of row 112, chlorpyrifos-methyl, the date ‘30 June 2016’ is replaced by ‘31 January 2018’.

| (5) | In the sixth column, expiration of approval, of row 113, maneb, the date ‘30 June 2016’ is replaced by ‘31 January 2018’. |
| --- | --- |

(5)

In the sixth column, expiration of approval, of row 113, maneb, the date ‘30 June 2016’ is replaced by ‘31 January 2018’.

| (6) | In the sixth column, expiration of approval, of row 114, mancozeb, the date ‘30 June 2016’ is replaced by ‘31 January 2018’. |
| --- | --- |

(6)

In the sixth column, expiration of approval, of row 114, mancozeb, the date ‘30 June 2016’ is replaced by ‘31 January 2018’.

| (7) | In the sixth column, expiration of approval, of row 115, metiram, the date ‘30 June 2016’ is replaced by ‘31 January 2018’. |
| --- | --- |

(7)

In the sixth column, expiration of approval, of row 115, metiram, the date ‘30 June 2016’ is replaced by ‘31 January 2018’.

---

| 8.8.2013 | EN | Official Journal of the European Union | L 213/16 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/16

---

COMMISSION IMPLEMENTING REGULATION (EU) No 763/2013

of 7 August 2013

amending Regulation (EC) No 637/2009 as regards the classification of certain plant species for the purposes of assessing the suitability of the denominations of varieties

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1) and in particular Article 9(6) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 9(6) thereof,

Whereas:

| (1) | As regards certain species, the classes set out in Annex I to Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (3) should be adapted to take into account changes in international botanical classification. The Community Plant Variety Office already included, in November 2012, those changes in the ‘Guidelines with explanatory notes on Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights’. |
| --- | --- |

(1)

As regards certain species, the classes set out in Annex I to Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (3) should be adapted to take into account changes in international botanical classification. The Community Plant Variety Office already included, in November 2012, those changes in the ‘Guidelines with explanatory notes on Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights’.

| (2) | Regulation (EC) No 637/2009 should therefore be amended accordingly. |
| --- | --- |

(2)

Regulation (EC) No 637/2009 should therefore be amended accordingly.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 637/2009 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 August 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 193, 20.7.2002, p. 1.

1

(2)  
  OJ L 193, 20.7.2002, p. 33.

2

(3)  
  OJ L 191, 23.7.2009, p. 10.

3

---

ANNEX

Annex I to Regulation (EC) No 637/2009 is amended as follows:

| (1) | in Table 1, ‘Classes within a genus’, the rows concerning classes 4.1 and 4.2 are replaced by the following:






  Classes | Scientific names |
| --- | --- | --- |
| ‘Class 4.1 | Solanum tuberosum |
| Class 4.2 | Solanum lycopersicum, rootstocks of tomato and interspecific hybrids |
| Class 4.3 | Solanum melongena |
| Class 4.4 | Solanum other than classes 4.1, 4.2, 4.3’ |

(1)

in Table 1, ‘Classes within a genus’, the rows concerning classes 4.1 and 4.2 are replaced by the following:

Classes

Scientific names

‘Class 4.1

Solanum tuberosum

Class 4.2

Solanum lycopersicum, rootstocks of tomato and interspecific hybrids

Class 4.3

Solanum melongena

Class 4.4

Solanum other than classes 4.1, 4.2, 4.3’

| (2) | in Table 2, ‘Classes encompassing more than one genus’, the rows concerning classes 201 and 203 are replaced by the following:






  Classes | Scientific names |
| --- | --- | --- |
| ‘Class 201 | Secale, Triticum, xTriticosecale |
| Class 203 (*) | Agrostis, Dactylis, Festuca, xFestulolium, Lolium, Phalaris, Phleum and Poa’ |

(2)

in Table 2, ‘Classes encompassing more than one genus’, the rows concerning classes 201 and 203 are replaced by the following:

Classes

Scientific names

‘Class 201

Secale, Triticum, xTriticosecale

Class 203 (*)

Agrostis, Dactylis, Festuca, xFestulolium, Lolium, Phalaris, Phleum and Poa’

---

| 8.8.2013 | EN | Official Journal of the European Union | L 213/18 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/18

---

COMMISSION IMPLEMENTING REGULATION (EU) No 764/2013

of 7 August 2013

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 August 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| Code NC | Code des pays tiers (1) | Valeur forfaitaire à l'importation |
| 0709 93 10 | TR | 140,7 |
| ZZ | 140,7 |
| 0805 50 10 | AR | 87,9 |
| BO | 85,6 |
| CL | 99,9 |
| TR | 71,0 |
| UY | 86,0 |
| ZA | 100,0 |
| ZZ | 88,4 |
| 0806 10 10 | EG | 190,1 |
| MA | 180,7 |
| TR | 160,6 |
| ZZ | 177,1 |
| 0808 10 80 | AR | 155,3 |
| BR | 97,9 |
| CL | 126,0 |
| CN | 88,2 |
| NZ | 127,7 |
| US | 144,3 |
| ZA | 104,6 |
| ZZ | 120,6 |
| 0808 30 90 | AR | 134,7 |
| CL | 161,4 |
| NZ | 194,4 |
| TR | 153,4 |
| ZA | 108,5 |
| ZZ | 150,5 |
| 0809 29 00 | TR | 369,1 |
| ZZ | 369,1 |
| 0809 30 | TR | 146,0 |
| ZZ | 146,0 |
| 0809 40 05 | BA | 44,4 |
| MK | 61,9 |
| TR | 92,3 |
| XS | 57,7 |
| ZZ | 64,1 |

(EUR/100 kg)

Code NC

Code des pays tiers (1)

Valeur forfaitaire à l'importation

0709 93 10

TR

140,7

ZZ

140,7

0805 50 10

AR

87,9

BO

85,6

CL

99,9

TR

71,0

UY

86,0

ZA

100,0

ZZ

88,4

0806 10 10

EG

190,1

MA

180,7

TR

160,6

ZZ

177,1

0808 10 80

AR

155,3

BR

97,9

CL

126,0

CN

88,2

NZ

127,7

US

144,3

ZA

104,6

ZZ

120,6

0808 30 90

AR

134,7

CL

161,4

NZ

194,4

TR

153,4

ZA

108,5

ZZ

150,5

0809 29 00

TR

369,1

ZZ

369,1

0809 30

TR

146,0

ZZ

146,0

0809 40 05

BA

44,4

MK

61,9

TR

92,3

XS

57,7

ZZ

64,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

DIRECTIVES

| 8.8.2013 | EN | Official Journal of the European Union | L 213/20 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/20

---

COMMISSION IMPLEMENTING DIRECTIVE 2013/45/EU

of 7 August 2013

amending Council Directives 2002/55/EC and 2008/72/EC and Commission Directive 2009/145/EC as regards the botanical name of tomato

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Articles 2(2), 44(2), Article 45 and Article 48(1)(b) thereof,

Having regard to Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (2), and in particular Article 1(3) thereof,

Whereas:

| (1) | In the light of the development of scientific knowledge, the International Code of Botanical Nomenclature (ICBN) has been revised, in particular with respect to the botanical name of the species tomato. |
| --- | --- |

(1)

In the light of the development of scientific knowledge, the International Code of Botanical Nomenclature (ICBN) has been revised, in particular with respect to the botanical name of the species tomato.

| (2) | In order to reflect that development, Directives 2002/55/EC, 2008/72/EC and Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (3) should therefore be amended accordingly. |
| --- | --- |

(2)

In order to reflect that development, Directives 2002/55/EC, 2008/72/EC and Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (3) should therefore be amended accordingly.

| (3) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(3)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2002/55/EC

Directive 2002/55/EC is amended as follows:

| (1) | in Article 2(1)(b) the words ‘Lycopersicon esculentum Mill.’ are replaced by the words ‘Solanum lycopersicum L.’; |
| --- | --- |

(1)

in Article 2(1)(b) the words ‘Lycopersicon esculentum Mill.’ are replaced by the words ‘Solanum lycopersicum L.’;

Lycopersicon esculentum

Solanum lycopersicum

| (2) | in the table in point 3(a) of Annex II, the words ‘Lycopersicon esculentum’ are replaced by the words ‘Solanum lycopersicum L.’; |
| --- | --- |

(2)

in the table in point 3(a) of Annex II, the words ‘Lycopersicon esculentum’ are replaced by the words ‘Solanum lycopersicum L.’;

Lycopersicon esculentum

Solanum lycopersicum

| (3) | in the table in point 2 of Annex III, the words ‘Lycopersicon esculentum’ are replaced by the words ‘Solanum lycopersicum L.’. |
| --- | --- |

(3)

in the table in point 2 of Annex III, the words ‘Lycopersicon esculentum’ are replaced by the words ‘Solanum lycopersicum L.’.

Lycopersicon esculentum

Solanum lycopersicum

Article 2

Amendments to Directive 2008/72/EC

In the table in Annex II to Directive 2008/72/EC, the words ‘Lycopersicon esculentum Mill.’ are replaced by the words ‘Solanum lycopersicum L.’.

Lycopersicon esculentum

Solanum lycopersicum

Article 3

Amendments to Directive 2009/145/EC

Directive 2009/145/EC is amended as follows:

| (1) | in the table in Annex I, the words ‘Lycopersicon esculentum Mill.’ are replaced by ‘Solanum lycopersicum L.’; |
| --- | --- |

(1)

in the table in Annex I, the words ‘Lycopersicon esculentum Mill.’ are replaced by ‘Solanum lycopersicum L.’;

Lycopersicon esculentum

Solanum lycopersicum

| (2) | in the table in Annex II, the words ‘Lycopersicon esculentum Mill.’ are replaced by ‘Solanum lycopersicum L.’. |
| --- | --- |

(2)

in the table in Annex II, the words ‘Lycopersicon esculentum Mill.’ are replaced by ‘Solanum lycopersicum L.’.

Lycopersicon esculentum

Solanum lycopersicum

Article 4

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Article 6

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 7 August 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 193, 20.7.2002, p. 33.

1

(2)  
  OJ L 205, 1.8.2008, p. 28.

2

(3)  
  OJ L 312, 27.11.2009, p. 44.

3

---

DECISIONS

| 8.8.2013 | EN | Official Journal of the European Union | L 213/22 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/22

---

COMMISSION IMPLEMENTING DECISION

of 2 August 2013

concerning a financial contribution by the Union to the emergency vaccination plan against classical swine fever in Latvia and Belarus and for the implementation of surveillance measures in Latvia, Lithuania and Belarus in the context of the emergency measures taken to combat this disease

(notified under document C(2013) 4980)

(Only the Latvian and Lithuanian texts are authentic)

(2013/427/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 3(3), 3(6) and Article 8 thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2), and in particular Article 84 thereof,

Whereas:

| (1) | As the plan approved by Commission Implementing Decision 2013/90/EU (3) is a sufficiently detailed framework in the meaning of Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (4), the present decision constitutes a financing decision for the expenditure provided for in the work programme for grants. |
| --- | --- |

(1)

As the plan approved by Commission Implementing Decision 2013/90/EU (3) is a sufficiently detailed framework in the meaning of Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (4), the present decision constitutes a financing decision for the expenditure provided for in the work programme for grants.

| (2) | Classical swine fever is an infectious viral disease of domestic and feral pigs which causes disturbance to intra-Union trade and export to third countries. |
| --- | --- |

(2)

Classical swine fever is an infectious viral disease of domestic and feral pigs which causes disturbance to intra-Union trade and export to third countries.

| (3) | In the event of an outbreak of classical swine fever, there is a risk that the disease agent might spread to other pig holdings within that Member State, to other Member States and to third countries through trade in live pigs, their products, semen, ova and embryos and also by feral pigs. |
| --- | --- |

(3)

In the event of an outbreak of classical swine fever, there is a risk that the disease agent might spread to other pig holdings within that Member State, to other Member States and to third countries through trade in live pigs, their products, semen, ova and embryos and also by feral pigs.

| (4) | Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (5) lays down the measures that shall be taken in the event of an outbreak to prevent further spread of the virus. |
| --- | --- |

(4)

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (5) lays down the measures that shall be taken in the event of an outbreak to prevent further spread of the virus.

| (5) | In case of confirmation of the presence of classical swine fever virus in feral pigs and when the epidemiological data available suggest that it threatens to spread, oral vaccination of feral pigs in the area at risk is the most effective and efficient veterinary measure to contain the spread of the disease. |
| --- | --- |

(5)

In case of confirmation of the presence of classical swine fever virus in feral pigs and when the epidemiological data available suggest that it threatens to spread, oral vaccination of feral pigs in the area at risk is the most effective and efficient veterinary measure to contain the spread of the disease.

| (6) | On 20 November 2012 Latvia notified two primary cases of classical swine fever in feral pigs in Dagda and Zilupe counties, very close to the border with Belarus and Russia. |
| --- | --- |

(6)

On 20 November 2012 Latvia notified two primary cases of classical swine fever in feral pigs in Dagda and Zilupe counties, very close to the border with Belarus and Russia.

| (7) | Following these outbreaks Latvia implemented surveillance for classical swine fever in feral pigs and subsequently in domestic pigs in backyard holdings in the areas surrounding the primary cases to define the infected area. |
| --- | --- |

(7)

Following these outbreaks Latvia implemented surveillance for classical swine fever in feral pigs and subsequently in domestic pigs in backyard holdings in the areas surrounding the primary cases to define the infected area.

| (8) | Implementing Decision 2013/90/EU approved the plan presented by Latvia for the eradication of classical swine fever and the emergency vaccination of feral pigs as soon as the environmental conditions allow for it in the designed areas in accordance with Article 16(1) and the fourth subparagraph of Article 20(2) of Directive 2001/89/EC. |
| --- | --- |

(8)

Implementing Decision 2013/90/EU approved the plan presented by Latvia for the eradication of classical swine fever and the emergency vaccination of feral pigs as soon as the environmental conditions allow for it in the designed areas in accordance with Article 16(1) and the fourth subparagraph of Article 20(2) of Directive 2001/89/EC.

| (9) | In accordance to the Latvian legislation, the outbreak of classical swine fever is considered as an emergency and with the agreement by the cabinet of Ministers it was allowed the urgent procedure for the purchase of the vaccine without an open tender to ensure the availability of the vaccine for the 2013 spring campaign. |
| --- | --- |

(9)

In accordance to the Latvian legislation, the outbreak of classical swine fever is considered as an emergency and with the agreement by the cabinet of Ministers it was allowed the urgent procedure for the purchase of the vaccine without an open tender to ensure the availability of the vaccine for the 2013 spring campaign.

| (10) | Due to the vicinity of the infected area to Belarus it cannot be excluded that infected feral pigs cross the border between Latvia and Belarus, and also the Community veterinary emergency team after the visit on the spot in February 2013 recommended to extend the vaccination area to a 50 km buffer zone in Belarusian territories along the Latvian border. |
| --- | --- |

(10)

Due to the vicinity of the infected area to Belarus it cannot be excluded that infected feral pigs cross the border between Latvia and Belarus, and also the Community veterinary emergency team after the visit on the spot in February 2013 recommended to extend the vaccination area to a 50 km buffer zone in Belarusian territories along the Latvian border.

| (11) | To assess the epidemiological evolution of the disease in feral pigs and in pigs in backyard holdings at risk, it was appropriate to urgently establish harmonised surveillance activities and epidemiological surveys based on serological and virological laboratory tests for classical swine fever virus in domestic and feral pigs in certain high risk areas in the surroundings of the infected area within Latvia, Belarus and as well Lithuania. |
| --- | --- |

(11)

To assess the epidemiological evolution of the disease in feral pigs and in pigs in backyard holdings at risk, it was appropriate to urgently establish harmonised surveillance activities and epidemiological surveys based on serological and virological laboratory tests for classical swine fever virus in domestic and feral pigs in certain high risk areas in the surroundings of the infected area within Latvia, Belarus and as well Lithuania.

| (12) | Latvia has presented the estimated costs of the plan for classical swine fever emergency vaccination of feral pigs indicating the approximate number of vaccine doses needed for the territory of Latvia and the vaccination buffer zone in Belarus and the estimated costs of carrying out those vaccinations. The estimated cost for emergency vaccination amounts to EUR 221 800. |
| --- | --- |

(12)

Latvia has presented the estimated costs of the plan for classical swine fever emergency vaccination of feral pigs indicating the approximate number of vaccine doses needed for the territory of Latvia and the vaccination buffer zone in Belarus and the estimated costs of carrying out those vaccinations. The estimated cost for emergency vaccination amounts to EUR 221 800.

| (13) | In the first week of April 2013, Latvia and Lithuania submitted an initial estimation of the costs to be incurred for the implementation of an epidemiological survey and classical swine fever surveillance measures in the context of the other emergency measures taken to combat the disease in the territory of Latvia, Lithuania and Belarus. The estimated cost for the surveillance measures amount to EUR 227 000 in Latvia and Belarus and EUR 17 000 in Lithuania. |
| --- | --- |

(13)

In the first week of April 2013, Latvia and Lithuania submitted an initial estimation of the costs to be incurred for the implementation of an epidemiological survey and classical swine fever surveillance measures in the context of the other emergency measures taken to combat the disease in the territory of Latvia, Lithuania and Belarus. The estimated cost for the surveillance measures amount to EUR 227 000 in Latvia and Belarus and EUR 17 000 in Lithuania.

| (14) | The retroactive eligibility of the costs incurred by Latvia since the date of notification of the outbreaks and by Lithuania and Belarus since the date of starting of surveillance activities is justified because these actions are essential to define the vaccination area and therefore successfully eradicate the disease. |
| --- | --- |

(14)

The retroactive eligibility of the costs incurred by Latvia since the date of notification of the outbreaks and by Lithuania and Belarus since the date of starting of surveillance activities is justified because these actions are essential to define the vaccination area and therefore successfully eradicate the disease.

| (15) | Article 3(6) of Decision 2009/470/EC provides that the financial contribution from the Union must be 100 % of the cost of supply of the vaccine and 50 % of the cost incurred in carrying out the vaccination. However, given the need to avoid excessive expenditure for the Union budget, maximum amounts must be established which reflect the reasonable payment for cost of supply of the vaccine and costs incurred in carrying out the vaccination. A reasonable payment is a payment for a material or a service at a proportionate price compared to the market price. Pending on-the-spot checks carried out by the Commission, it is now necessary to approve specific financial contribution from the Union to Latvia and fix the amount for payment of the first instalment of the Union’s financial contribution. |
| --- | --- |

(15)

Article 3(6) of Decision 2009/470/EC provides that the financial contribution from the Union must be 100 % of the cost of supply of the vaccine and 50 % of the cost incurred in carrying out the vaccination. However, given the need to avoid excessive expenditure for the Union budget, maximum amounts must be established which reflect the reasonable payment for cost of supply of the vaccine and costs incurred in carrying out the vaccination. A reasonable payment is a payment for a material or a service at a proportionate price compared to the market price. Pending on-the-spot checks carried out by the Commission, it is now necessary to approve specific financial contribution from the Union to Latvia and fix the amount for payment of the first instalment of the Union’s financial contribution.

| (16) | Under Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (6), veterinary measures are to be financed under the European Agricultural Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation are to apply. |
| --- | --- |

(16)

Under Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (6), veterinary measures are to be financed under the European Agricultural Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation are to apply.

| (17) | The payment of the financial contribution shall be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information to the Commission. |
| --- | --- |

(17)

The payment of the financial contribution shall be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information to the Commission.

| (18) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(18)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

1.   In the context of the emergency measures taken to combat classical swine fever in 2013, Latvia shall be entitled to a specific contribution from the Union for the classical swine fever feral pigs emergency vaccination plan to be carried out in Latvia and in Belarus amounting to:

| (a) | 100 % of the cost (not including VAT) of supply of the vaccine doses; |
| --- | --- |

(a)

100 % of the cost (not including VAT) of supply of the vaccine doses;

| (b) | 50 % of the cost of salaries and fees paid to personnel carrying out the vaccinations in Latvia, and 50 % of the cost (not including VAT) of the expenditure directly associated with the vaccinations in Latvia. |
| --- | --- |

(b)

50 % of the cost of salaries and fees paid to personnel carrying out the vaccinations in Latvia, and 50 % of the cost (not including VAT) of the expenditure directly associated with the vaccinations in Latvia.

2.   The maximum amounts to be reimbursed to Latvia for the cost referred to in paragraph 1 shall not exceed:

| (a) | for the purchase of vaccine, EUR 0,91 in average per dose; |
| --- | --- |

(a)

for the purchase of vaccine, EUR 0,91 in average per dose;

| (b) | for the vaccination, EUR 0,18 in average per vaccine dose distributed in Latvia; |
| --- | --- |

(b)

for the vaccination, EUR 0,18 in average per vaccine dose distributed in Latvia;

| (c) | EUR 130 800 for vaccination cost in Latvia; |
| --- | --- |

(c)

EUR 130 800 for vaccination cost in Latvia;

| (d) | EUR 91 000 for vaccination cost in Belarus. |
| --- | --- |

(d)

EUR 91 000 for vaccination cost in Belarus.

Article 2

1.   In the context of the emergency measures taken to combat classical swine fever, Latvia and Lithuania shall be entitled to a financial contribution from the Union for the expenditure incurred for the costs of the laboratory tests for serological and virological surveillance measures in domestic and feral pigs carried out in Lithuania and in Belarus as from 1 April 2013 and in Latvia as from 20 November 2012.

2.   The financial contribution by the Union shall be at the rate of 50 % of the costs to be incurred by Latvia and Lithuania for the activities referred to in paragraph 1, and shall not exceed:

| (i) | EUR 227 000 for Latvia; |
| --- | --- |

(i)

EUR 227 000 for Latvia;

| (ii) | EUR 17 000 for Lithuania. |
| --- | --- |

(ii)

EUR 17 000 for Lithuania.

3.   The maximum of the cost to be reimbursed to Latvia and Lithuania for the activities referred to in paragraph 1 shall in average not exceed:

| (i) | EUR 0,5 per domestic pig sampled; |
| --- | --- |

(i)

EUR 0,5 per domestic pig sampled;

| (ii) | EUR 5 per feral pig sampled; |
| --- | --- |

(ii)

EUR 5 per feral pig sampled;

| (iii) | EUR 2 per ELISA test; |
| --- | --- |

(iii)

EUR 2 per ELISA test;

| (iv) | EUR 10 per PCR test; |
| --- | --- |

(iv)

EUR 10 per PCR test;

| (v) | EUR 10 per virological test. |
| --- | --- |

(v)

EUR 10 per virological test.

Article 3

Subject to the results of any on-the-spot checks carried out in accordance with Article 11(1) of Decision 2009/470/EC, a first tranche payment shall be paid to Latvia as follows:

| (a) | up to EUR 224 300; |
| --- | --- |

(a)

up to EUR 224 300;

| (b) | as part of the financial contribution from the Union provided for in Articles 1 and 2. |
| --- | --- |

(b)

as part of the financial contribution from the Union provided for in Articles 1 and 2.

That payment shall be made on the basis of an official request for reimbursement submitted by Latvia.

Article 4

The expenditure eligible for a financial contribution by the Union for the measures referred to in Articles 1 and 2 shall be limited to the costs incurred by the Member States for the measures set out in points 1 to 4.

| 1. | Sampling:






  (a) | personnel, whatever the status, specifically allocated entirely or in part for carrying out the sampling; the costs are limited to actual salaries plus social security charges and other statutory costs included in the remuneration); and |
| --- | --- | --- |

1.

Sampling:

(a)

personnel, whatever the status, specifically allocated entirely or in part for carrying out the sampling; the costs are limited to actual salaries plus social security charges and other statutory costs included in the remuneration); and

| (b) | overheads equal to 7 % of the sum of the cost referred to in (a). |
| --- | --- |

(b)

overheads equal to 7 % of the sum of the cost referred to in (a).

| 2. | Laboratory testing:






  (a) | the purchase of test kits, reagents and all consumables identifiable and especially used for carrying out the laboratory tests; |
| --- | --- | --- |

2.

Laboratory testing:

(a)

the purchase of test kits, reagents and all consumables identifiable and especially used for carrying out the laboratory tests;

| (b) | personnel, whatever the status, specifically allocated entirely or in part for carrying out the tests in the premises of the laboratory; the costs are limited to actual salaries plus social security charges and other statutory costs included in the remuneration; and |
| --- | --- |

(b)

personnel, whatever the status, specifically allocated entirely or in part for carrying out the tests in the premises of the laboratory; the costs are limited to actual salaries plus social security charges and other statutory costs included in the remuneration; and

| (c) | overheads equal to 7 % of the sum of the costs referred to in (a) and (b). |
| --- | --- |

(c)

overheads equal to 7 % of the sum of the costs referred to in (a) and (b).

| 3. | The purchase and storage of vaccine doses and/or vaccine plus baits for wild animals. |
| --- | --- |

3.

The purchase and storage of vaccine doses and/or vaccine plus baits for wild animals.

| 4. | The distribution of vaccines plus baits for wild animals:






  (a) | personnel, whatever the status, specifically allocated entirely or in part for distributing vaccine baits; the costs are limited to their actual salaries plus social security charges and other statutory costs included in the remuneration; |
| --- | --- | --- |

4.

The distribution of vaccines plus baits for wild animals:

(a)

personnel, whatever the status, specifically allocated entirely or in part for distributing vaccine baits; the costs are limited to their actual salaries plus social security charges and other statutory costs included in the remuneration;

| (b) | overheads equal to 7 % of the sum of the costs referred to in (a). |
| --- | --- |

(b)

overheads equal to 7 % of the sum of the costs referred to in (a).

Article 5

1.   The financial contribution from the Union as referred to in Articles 1 and 2 shall be paid on the basis of:

| (a) | a final technical report in accordance with Annex I on the technical execution of the emergency vaccination, including the results attained during the period from 1 April 2013 to 31 December 2013; |
| --- | --- |

(a)

a final technical report in accordance with Annex I on the technical execution of the emergency vaccination, including the results attained during the period from 1 April 2013 to 31 December 2013;

| (b) | a final technical report in accordance with Annex II on the technical execution of the surveillance measures, including the results attained during the period from 20 November 2012 in Latvia and from 1 April 2013 in Lithuania to 31 December 2013; |
| --- | --- |

(b)

a final technical report in accordance with Annex II on the technical execution of the surveillance measures, including the results attained during the period from 20 November 2012 in Latvia and from 1 April 2013 in Lithuania to 31 December 2013;

| (c) | a final financial report, in computerised form in accordance with Annex III, on the costs incurred by Latvia during the period from 20 November 2012 to 31 December 2013 and by Lithuania during the period from 1 April 2013 to 31 December 2013; |
| --- | --- |

(c)

a final financial report, in computerised form in accordance with Annex III, on the costs incurred by Latvia during the period from 20 November 2012 to 31 December 2013 and by Lithuania during the period from 1 April 2013 to 31 December 2013;

| (d) | the results of any on-the-spot checks carried out in accordance with Article 11(1) of Decision 2009/470/EC. |
| --- | --- |

(d)

the results of any on-the-spot checks carried out in accordance with Article 11(1) of Decision 2009/470/EC.

The documents supporting the reports referred to in points (a) to (c) shall be made available for on-the-spot checks referred to in point (d) carried out by the Commission.

2.   The final technical report and the final financial report referred to in paragraph 1(a) to 1(c) shall be submitted by 1 April 2014 at the latest. If that time limit is not observed, except if duly justified circumstances exist for this delay, the specific financial contribution from the Union shall be reduced by 25 % for every calendar month of delay.

Article 6

This Decision is addressed to the Republic of Latvia and the Republic of Lithuania.

Done at Brussels, 2 August 2013.

For the Commission

Tonio BORG

Member of the Commission

---

(1)  
  OJ L 155, 18.6.2009, p. 30.

1

(2)  
  OJ L 298, 26.10.2012, p. 1.

2

(3)  
  OJ L 47, 20.2.2013, p. 70.

3

(4)  
  OJ L 362, 31.12.2012, p. 1.

4

(5)  
  OJ L 316, 1.12.2001, p. 5.

5

(6)  
  OJ L 209, 11.8.2005, p. 1.

6

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ANNEX I

Final technical report on the emergency vaccination against classical swine fever in feral pigs

Member State: ...

Date: ...

| 1. | Technical evaluation of the situation:






  1.1. | Epidemiological maps: |
| --- | --- | --- |

1.

1.1.

Epidemiological maps:

| 2. | Information on vaccination:






  2.1. | Description of vaccine used: |
| --- | --- | --- |

2.

2.1.

Description of vaccine used:

| 2.2. | Number of vaccine doses distributed:









  Member State or third country region/area | Number of vaccine doses Spring 2013 | Number of vaccine doses Summer 2013 | Number of vaccine doses Autumn 2013 | Number of vaccine doses TOTAL 2013 |
| --- | --- | --- | --- | --- | --- |
| | | | | |
| | | | | |
| | | | | |
| Totals | | | | |

2.2.

Number of vaccine doses distributed:

Member State or third country region/area

Number of vaccine doses Spring 2013

Number of vaccine doses Summer 2013

Number of vaccine doses Autumn 2013

Number of vaccine doses TOTAL 2013

Totals

| 3. | Achievement of targets and technical difficulties: |
| --- | --- |

3.

---

ANNEX II

Final technical report on surveillance measures in relation to classical swine fever in feral and domestic pigs

Member State:...

Date:...

| 1. | Technical evaluation of the situation:






  1.1. | Epidemiological maps: |
| --- | --- | --- |

1.

1.1.

Epidemiological maps:

| 1.2. | Information on surveillance:











  Member State or third country region/area | Number of domestic pigs sampled | Number of feral pigs sampled | Type of test (1) | Number of tests | Number of positive domestic pigs | Number of positive feral pigs |
| --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Totals 2013 | | | | | | |

1.2.

Information on surveillance:

Member State or third country region/area

Number of domestic pigs sampled

Number of feral pigs sampled

Type of test (1)

Number of tests

Number of positive domestic pigs

Number of positive feral pigs

Totals 2013

| 2. | Achievement of targets and technical difficulties: |
| --- | --- |

2.

| 3. | Additional epidemiological information: epidemiological inquiries, dead animals found, age distribution of positive reactors, lesions found, etc.: |
| --- | --- |

3.

---

(1)  Indicate: ELISA, PCR, Ag-ELISA, isolation, other (specify).

---

ANNEX III

Final financial report

Member State:...

Date:...

| 1. | Emergency vaccination against classical swine fever in feral pigs: | Number of vaccine doses distributed
  (1) | Cost of purchase of vaccine doses distributed (*1)

  (2) | Cost of salaries and fees (personnel specifically recruited) for vaccine distribution (*1)

  (3) | Overheads (7 %) (*1) | Total costs (*1) |
| --- | --- | --- | --- | --- | --- | --- |
| Spring (double: 2 × distribution campaign) | | | | | |
| Summer (double: 2 × distribution campaign) | | | | | |
| Autumn (double: 2 × distribution campaign) | | | | | |
| Total 2013 | | | | | |

1.

Number of vaccine doses distributed

(1)

Cost of purchase of vaccine doses distributed (*1)

(2)

Cost of salaries and fees (personnel specifically recruited) for vaccine distribution (*1)

(3)

Overheads (7 %) (*1)

Formula

Total costs (*1)

Formula

Spring (double: 2 × distribution campaign)

Summer (double: 2 × distribution campaign)

Autumn (double: 2 × distribution campaign)

Total 2013

| 2. | Surveillance measures in relation to classical swine fever in feral and domestic pigs:










  Laboratory tests |
| --- | --- |
| | Number of tests carried out | Cost of tests (*2) |
| Laboratory test
  (1) | Personnel
  (2) | Overhead | Total Costs |
| Serological tests
  (ELISA) | | | | | |
| PCR tests | | | | | |
| Virological tests | | | | | |
| Sampling |
| | | Costs of sampling (*2) |
| Personnel
  (1) | Overhead | Total costs |
| Number of domestic pigs sampled | | | | |
| Number of feral pigs sampled | | | | |

2.

Laboratory tests

Number of tests carried out

Cost of tests (*2)

Laboratory test

(1)

Personnel

(2)

Overhead

Formula

Total Costs

Formula

Serological tests

(ELISA)

PCR tests

Virological tests

Sampling

Costs of sampling (*2)

Personnel

(1)

Overhead

Formula

Total costs

Formula

Number of domestic pigs sampled

Number of feral pigs sampled

I certify that:

| — | this expenditure was actually incurred, accurately accounted for and eligible under the provisions of this Decision, |
| --- | --- |

—

this expenditure was actually incurred, accurately accounted for and eligible under the provisions of this Decision,

| — | all supporting documents relating to the expenditure are available for inspection, |
| --- | --- |

—

all supporting documents relating to the expenditure are available for inspection,

| — | no other Union contribution was requested for these measures and all revenue accruing from operations under them is declared to the Commission, |
| --- | --- |

—

no other Union contribution was requested for these measures and all revenue accruing from operations under them is declared to the Commission,

| — | the programme was executed in accordance with the relevant Union legislation, |
| --- | --- |

—

the programme was executed in accordance with the relevant Union legislation,

| — | control procedures apply, in particular to verify the accuracy of the amounts declared, to prevent, detect and correct irregularities. |
| --- | --- |

—

control procedures apply, in particular to verify the accuracy of the amounts declared, to prevent, detect and correct irregularities.

Date:

Name and signature of operational director:

---

(*1)  All costs are VAT excluded.

(*2)  All costs are VAT excluded.

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8.8.2013

| 8.8.2013 | EN | Official Journal of the European Union | L 213/s3 |
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EN

Official Journal of the European Union

L 213/s3

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NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

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| 8.8.2013 | EN | Official Journal of the European Union | L 213/s3 |
| --- | --- | --- | --- |

8.8.2013

EN

Official Journal of the European Union

L 213/s3

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NOTE TO READERS — WAY OF REFERRING TO ACTS

As of 1 July 2013 the way of referring to acts has changed.

During a transitional period this new practice will coexist with the previous one.

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